Bill H.2900
188th (2013 - 2014)

An Act relative to ensuring public entities are not injured by long term contracts

Bill Title: An Act relative to ensuring public entities are not injured by long term contracts

By Mr. Walsh of Boston, a petition (accompanied by bill, House, No. 2900) of Martin J. Walsh and Thomas J. Calter for legislation to further regulate the length of terms of public contracts. State Administration and Regulatory Oversight.

SECTION 1. Section 12 of chapter 30B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the first paragraph and replacing it with the following new paragraph:-

“(a) Unless otherwise provided by law and subject to paragraph (b), a governmental body may not enter into a contract for a period of time exceeding five consecutive years, including renewals. The procurement officer shall not enter into a contract unless funds are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal years shall depend on the availability and appropriation of funds. If an awarding authority determines it is in its best interests to have a contract for a period of longer than five years, including renewals, the awarding authority shall seek the written approval of the state auditor before the issuance of any such request for proposals.

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